IMPORTANT DECISION.

Westport Times, Volume V, Issue 828, 22 June 1871, Page 3

IMPORTANT DECISION.

A peculiar case was heard lately at Timaru, says the " Herald," before Mr Justice Ward. —Nixon v. Gammie. Claim, £3B 10s, for the value of a horse belonging to plaintiff, which died through unskilful shoeing by defendant, a blacksmith. It appears that defendant's man, Tate, pricked the horse in shoeing him, and although aware at the time that he had done so, did not at once remove the nail, but allowed the horse to stand some time before he drew it. Afterwards he pulled out the nail, and put a nail head in the hole telling plaintiff he could take the horse to work without risk. Plaintiff worked the horse for a day and a half, when he became so ill that a veterinary surgeon had to be called in to attend him. The horse afterwards died. The evidence of the veterinary surgeon showed that death resulted from irritative fever, caused by the prick in the hoof. Mr Justice Ward, in giving his decision, said: — *' He considered that although a certain amount of neglect had been proved, that it was not enough to disentitle plaintiff to recover. Defendant seemed to think very little of pricking and drawing blood from a borse; for his information, and that of farriers in general, he would state that the fact of a horse being pricked is in itself prima fade evidence of carelessness, for which the farrier i 8 liable. He considered plaintiff's case to be made out, and should give judgment for the value of the horse. He was, however, not disposed to put plantiffs value on the animal, but should give judgment for £26 4s (£25 being for the horse, and £1 Is for the fee for attendance charged by the veterinary surgeon), and costs."